Edgardo Ricciardiello

The new Italian Code of Crisis and Insolvency (CCII), through the provision of warning instruments, aligns the Italian legal system with the EU Directive 2019/1023, anticipating its entry into force. The choice of the Italian legislator, consistently with the objectives of the Directive aimed at forecasting a framework for the preventive restructuring of the crisis, focuses on the tools of “preparation” and “early management of the crisis”, drawing new duties and corporate functions appointed to build governance of the company capable of anticipating the crisis through the construction of organizational structures suitable for the timely detection of the crisis or insolvency...